Telus Mobility v. Telecommunications Workers Union

Telus Mobility v. Telecommunications Workers Union

The application for contempt was dismissed because the arbitrator's order was insufficiently specific and largely declaratory, lacked mandatory steps and a specified time for compliance, and the Union failed to prove beyond a reasonable doubt that Telus Mobility or David Wells intentionally disobeyed a clear command; moreover Apollo 2.0 introduced a required bargaining unit approval step and the employer retained control of its systems, so no contempt was shown.

Citation
2002 FCT 1268
Parties
Employer/applicant: Telus Mobility; Union/respondent: Telecommunications Workers Union; Respondent: David Wells
Court
Federal Court
Jurisdiction
Canada
Judgment Date
6 December 2002
Procedural Posture
Contempt Proceeding / Decision on Application
Outcome
application dismissed
Legal Topics
Enforcement of Arbitral Awards, Collective Agreement Interpretation, Contracting Out, Technological Change, Contempt Proceedings
Source Language
English
Labour Law Administrative Law Civil Contempt Enforcement of Arbitral Awards Collective Agreement Interpretation Contracting Out Technological Change Contempt Proceedings

Case Brief

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Parties

Telus Mobility

Employer/applicant

Telecommunications Workers Union

Union/respondent

David Wells

Respondent

Procedural Posture

Contempt Proceeding / Decision on Application

Legal Issues

  1. 1 Whether Telus Mobility and David Wells were in contempt of an arbitral order
  2. 2 Whether the arbitrator's order was sufficiently specific and mandatory to be enforced by contempt
  3. 3 Whether the Apollo 2.0 changes complied with the arbitrator's directive to involve bargaining unit employees

Ratio Decidendi

The application for contempt was dismissed because the arbitrator's order was insufficiently specific and largely declaratory, lacked mandatory steps and a specified time for compliance, and the Union failed to prove beyond a reasonable doubt that Telus Mobility or David Wells intentionally disobeyed a clear command; moreover Apollo 2.0 introduced a required bargaining unit approval step and the employer retained control of its systems, so no contempt was shown.

Court Disposition

application dismissed

Orders

  • Application for contempt dismissed
  • No costs awarded